22 Jul 2020
TAN SRI DATO’ SRI RAMASAMY A/L MUTHUSAMY 1. ALLIANCE BANK MALAYSIA BERHAD 2. SRI MUDA CORNER HOLDINGS (M) SDN BHD
- Citation
- BA-24-6-01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24-6-01/2020 (Mahkamah Tinggi)
Because the purchaser had absolutely assigned his rights to the bank the bank was the beneficial owner and the developer (and its director) could not, by a subsequent side‑deal or purported power of attorney made without the bank's consent, create or assert proprietary rights that defeat the bank's assignee; the plaintiff as director lacked locus standi to sue in his personal capacity and the LACA auction and proclamation of sale were valid despite the private caveat.